§Why CasetextPricing

Santisteven v. Braum's, Inc.

MOTION to Dismiss for Lack of Jurisdiction

20 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 253,156 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 267,040 times   365 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  3. Kokkonen v. Guardian Life Ins. Co. of America

    511 U.S. 375 (1994)   Cited 19,025 times   5 Legal Analyses
    Holding that absent a reservation of jurisdiction in the stipulated dismissal order, federal courts lack jurisdiction to consider enforcement of a settlement agreement

  4. Rasul v. Bush

    542 U.S. 466 (2004)   Cited 557 times   3 Legal Analyses
    Holding that § 2241 extends to Guantanamo detainees

  5. Howery v. Allstate Ins. Co.

    243 F.3d 912 (5th Cir. 2001)   Cited 2,092 times
    Holding that even though provisions of the federal Fair Credit Reporting Act might inform an inquiry about violations of a state-law deceptive trade practices statute, they were not an element of the state law claim sufficient to create jurisdiction

  6. St. Paul Reinsurance Co., Ltd. v. Greenberg

    134 F.3d 1250 (5th Cir. 1998)   Cited 1,385 times   1 Legal Analyses
    Holding that statutory damages, punitive damages, and potential attorneys' fees must be included in calculating the amount in controversy in a diversity case

  7. Simon v. Wal-Mart Stores, Inc.

    193 F.3d 848 (5th Cir. 1999)   Cited 677 times
    Holding $75,000 amount in controversy not shown when the defendants submitted no evidence and relied only on the plaintiff's allegations that she was injured when assaulted in a parking lot

  8. U-Haul Int'l v. Waldrip

    55 Tex. Sup. Ct. J. 1345 (Tex. 2012)   Cited 352 times
    Holding that trial court abuses its discretion when it acts without regard for guiding rules and principles

  9. Austin v. Kroger Tex., L.P.

    58 Tex. Sup. Ct. J. 1154 (Tex. 2015)   Cited 273 times   3 Legal Analyses
    Holding that, despite rules limiting an employer's use of defenses based upon employee conduct, an employer owes no duty to an employee who was aware of the dangers associated with their job duties

  10. Hartford Ins. Group v. Lou-Con Inc.

    293 F.3d 908 (5th Cir. 2002)   Cited 357 times
    Holding that, where the claim involves the applicability of the insurance policy to a particular occurrence, "the jurisdictional amount in controversy is measured by the value of the underlying claim."

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 346,341 times   923 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 111,494 times   572 Legal Analyses
    Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"

  13. Section 41.001 - Definitions

    Tex. Civ. Prac. & Rem. Code § 41.001   Cited 609 times   6 Legal Analyses
    Defining the standard for gross negligence

  14. Section 41.003 - Standards for Recovery of Exemplary Damages

    Tex. Civ. Prac. & Rem. Code § 41.003   Cited 581 times   4 Legal Analyses
    Permitting recovery of exemplary damages if the claimant proves that fraud, malice, or gross negligence caused the harm at issue